2023 AI State Legislation Adopted or Enacted

This past year, the legislative landscape for artificial intelligence (AI) across the United The legislative landscape of 2023 has been both fascinating and pivotal. I think its important to understand the impacts of legislative action when it comes to AI. This year, states across the U.S. took significant strides in crafting and adopting legislation that addresses the rapid advancement and integration of AI technologies.

States saw significant shifts, as states grappled with the rapid pace of technological advancements and their societal implications. I’ve been monitoring how different states have approached AI regulation, focusing on the themes of privacy, ethics, and workforce impact. Here’s my comprehensive review and analysis of the 2023 AI state legislation.

Overview of AI Legislative Trends

One recurring theme was the tension between protecting individual privacy and promoting economic growth. It became clear that while there is a consensus on the need for AI regulation, opinions differ on the extent and specifics of such regulation.

Another observation is the increasing recognition of AI’s impact on the workforce. Several states have begun to invest in educational programs that aim to prepare workers for the shifts in job requirements brought about by AI advancements. These programs are critical, not only in mitigating job displacement but also in ensuring that the workforce is equipped with the skills needed for the jobs of tomorrow.

Legislative Landscape for 2023

The legislative session of 2023 marked a turning point, with over 25 states, Puerto Rico, and the District of Columbia introducing bills related to AI. This surge in legislative activity culminated in 18 states and Puerto Rico adopting resolutions or enacting laws, each aiming to navigate the AI domain with an eye toward innovation, ethics, and equity.

Artificial Intelligence 2023 Legislation

State	Bill Number	Bill Title	Bill Status	Category
Arizona	H 2482	Appropriations and Crime Victim Notification Fund	Enacted	Government Use
California	SCR 17	Artificial Intelligence	Adopted	Responsible Use
California	A 302	Department of Technology: Automated Decision Systems	Enacted	Government Use
Connecticut	S 1103	Artificial Intelligence Automated Decision	Enacted	Government Use; Oversight/Governance; Responsible Use
Georgia	HR 381	Honorary Resolution	Adopted	Education/Training
Georgia	H 18	Supplemental Appropriations	Enacted	Appropriations
Georgia	H 203	Control of Hazardous Conditions	Enacted	Health Use
Hawaii	SCR 179	Artificial Intelligence Benefits and Risks	Adopted	Responsible Use
Hawaii	SR 123	Artificial Intelligence	Adopted	Responsible Use
Illinois	H 3563	Innovation and Technology Act	Enacted	Studies
Louisiana	SCR 49	Technology	Adopted	Government Use
Maryland	H 622	Technology Grant Program and Fund	Enacted	Effect on Labor/Employment; Private Sector Use
Michigan	H 5141	Campaign Practices	Enacted	Elections
Michigan	H 5143	Michigan Campaign Finance Act	Enacted	Elections
Minnesota	S 2909	State Government	Enacted	Government Use
Mississippi	S 3000	Eight Universities Fund	Enacted	Appropriations
New Mexico	S 192	Appropriations and Legislative Confidentiality	Enacted	Appropriations
North Carolina	H 8	Graduation Requirements	Enacted	Education/Training
North Carolina	H 259	Base Budget Appropriations	Enacted	Appropriations; Government Use
North Dakota	H 1003	University System Expenses Appropriation	Enacted	Government Use; Health Use; Private Sector Use; Studies
North Dakota	H 1361	Personhood Status	Enacted
Puerto Rico	SR 684	Artificial Intelligence	Adopted	Studies
Rhode Island	H 6423	Artificial Intelligence and Automated Decision System	Adopted	Government Use; Studies
Texas	H 2060	Artificial Intelligence Advisory Council	Enacted	Government Use; Studies
Texas	S 2085	Grant Program for Crime Victim Notification Systems	Enacted	Government Use
Utah	H 61	School Safety Requirements	Enacted	Government Use
West Virginia	H 3214	Road Optimization Assessment Data Pilot Project	Enacted	Government Use

Early Trends and Pioneering States

The year kicked off with a clear signal that AI would be a legislative priority. States like California and Massachusetts spearheaded efforts with comprehensive AI laws aimed at improving transparency and accountability in AI systems used within state agencies and by major employers. These laws primarily focused on ensuring that AI decision-making processes are fair, auditable, and transparent, particularly in critical areas such as employment, housing, and law enforcement.

Mid-Year Progress: Sector-Specific Regulations

By mid-2023, the focus had broadened from general frameworks to more sector-specific regulations. Education and healthcare emerged as key areas of interest. For example, several states passed legislation requiring AI in education to comply with stringent data privacy standards to protect students. In healthcare, laws were introduced to monitor the use of AI in diagnostic procedures, ensuring that these technologies meet established standards of care and do not replace human oversight without rigorous validation.

Late-Year Surprises: Ethics and Bias

Towards the end of the year, the legislative narrative shifted towards ethical considerations and the mitigation of bias in AI systems. States like New York and Illinois passed laws that not only require companies to disclose the datasets used for training AI but also mandate regular audits for bias and fairness. This represents a growing recognition that while AI can offer immense benefits, it also poses unique challenges and risks that need to be managed with a proactive legislative approach.

Noteworthy Legislative Actions

Connecticut took a proactive stance by mandating an inventory of AI systems in use by state agencies, setting the stage for ongoing assessments to prevent unlawful discrimination or disparate impacts. Additionally, it called for the development of policies regarding the procurement and utilization of AI technologies within state agencies.
Louisiana signaled its intent to thoroughly examine AI’s implications by adopting a resolution for a comprehensive study on its impact within various operational domains.
Maryland focused on economic empowerment through the Industry 4.0 Technology Grant Program, aimed at assisting small and medium-sized manufacturers in embracing AI and related technologies.
North Dakota offered a legal clarification by defining the term “person” in a way that explicitly excludes AI, highlighting the legal boundaries and considerations specific to AI entities.
Texas, along with North Dakota, Puerto Rico, and West Virginia, established advisory councils dedicated to overseeing AI systems used by state agencies, ensuring ongoing scrutiny and ethical oversight.

Challenges and Opportunities

The primary challenge in AI legislation is the pace at which the technology evolves. Laws that are drafted today may become obsolete in just a few years as new AI applications emerge. This creates a significant challenge for lawmakers who must anticipate future developments without stifling innovation.

Despite these advancements, not all attempts at legislation were met with success. In some states, significant resistance from business coalitions and privacy advocates led to the watering down or outright defeat of several ambitious bills. The tension between innovation and regulation remains a delicate balancing act. Critics argue that too much regulation could stifle innovation and make the U.S. less competitive in the global AI arena.

However, this also presents an opportunity for states to become leaders in AI governance, creating robust frameworks that can serve as models nationally and globally. States that successfully navigate this will not only protect their citizens but also attract AI businesses looking for clear and stable regulatory environments.

Conclusion

As 2023 draws to a close, there’s increasing discussion about the role of federal legislation in standardizing AI laws across states to avoid a patchwork of regulations that could complicate compliance for AI companies operating nationwide. This conversation is set to dominate 2024, with several federal bills already on the horizon. By fostering dialogue between technologists, policymakers, and the public, we can ensure that AI is used responsibly and beneficially.

Looking ahead, I remain optimistic about the progress in AI legislation and believe that thoughtful regulation can enable both innovation and protection for society. As we continue to explore the immense possibilities of AI, it’s crucial that our legislative frameworks evolve to guide and shape its development.

Blog Notes: I was not paid to write this blog post and I will not receive any compensation if you follow the links. I have utilized AI technology and tools in the creation of this blog post but everything has been edited by me for reader consumption and accuracy. If you have any questions please feel free to contact me by completing the contact form on the front page of my website.

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